RECEIVED DEC 1 2 mz - Douglas County

In the event facsimile transmission or other electronic means of notice is provided,
the notice shall be deemed to be delivered upon its transmission and receipt of
confirmation of its receipt at the business location of the receiving party, provided the
notice is also immediately sent by mail as provided above.
B. No Vested Rights. This Agreement shall not grant any status or right to any third
party, specifically any owner of any property, to make any claim as a third party
beneficiary, or for deprivation of any right, violation of any vesting or rights, or
inverse or other condemnation. This Agreement is for the benefit of the parties only
to resolve issues between the parties.
C. Interpretation of Agreement. Because this Agreement is the result of mutual
negotiation and drafting, in the event this Agreement is deemed to be ambiguous or
vague, the parties agree with the rule of construction that “ambiguities shall be
construed against the drafter” shall not apply.
D. Choice of Law. This Agreement shall be interpreted and construed in accordance with
the laws of the State of Colorado.
E. Invalidity of Terms. If any term, claim, clause or provision of this Agreement shall be
judged to be invalid, the validity and effect of any other term, claim, clause or
provision shall not be affected; and such invalid term, claim, clause or provision shall
be deemed from this Agreement in a manner to give effect to the remaining terms,
claims, clauses or provisions.
F. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be considered an original for all purposes, and all of which when taken
together shall constitute one and the same Agreement.
G. Authority. Each of the undersigned represents as to itself that each has the authority
to execute this Agreement.
H. Forum Selection. Any action brought to enforce the terms and provisions of this
Agreement or alleging a breach hereof shall be brought only in the District Court in
Douglas County, Colorado.
I. Consents/Approvals. Wherever this Agreement calls for the consent or approval of
any party hereto, with respect to which consent or approval under this Agreement is
not self-executing, in order to be effective, such consent or approval shall be in the
form of a Resolution duly enacted by the Town Council and Board of County
Commissioners.
J. Recordation of Agreement. The parties shall record this Agreement in the real estate
records of Douglas County, Douglas County, Colorado.
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